Federal contracts with mixed work

Yes. When a federal contract calls for mixed types of performance that include construction, the construction portion is covered by the construction protections in section 107 and the construction standards in part 1926. See 1926.14(a) which explains that a contract need not be exclusively for construction in order for the construction provisions to apply. This means employers must follow the applicable construction standards in 29 CFR Part 1926 for the construction work on that contract.

No. Section 107 and the construction protections apply to construction, alteration, and repair work even if the overall contract cannot be classified solely as a construction contract. 1926.14(a) explicitly states the application is not limited to contracts that permit an overall characterization as "construction contracts." Therefore, any contract that includes construction, alteration, or repair tasks triggers the construction requirements for those tasks under 29 CFR Part 1926.

Yes. OSHA’s intent is to provide safety and health protection for Federal, federally financed, or federally assisted construction, so construction work under those forms of contracts is covered. See 1926.14(a) and the Part 1926 construction standards at 29 CFR Part 1926. Employers performing the construction portion must follow applicable construction safety and health requirements.

The construction portion is governed by section 107 and OSHA’s construction standards, while the manufacturing portion may be covered by other federal procurement laws such as the Walsh‑Healey Public Contracts Act. 1926.14(b) refers to 1926.15(b) for the relationship between the Walsh‑Healey Act and section 107, which explains how the Acts apply to different types of contract performance.

Apply the statute or regulation that governs each type of work: the Walsh‑Healey Public Contracts Act generally covers manufacturing and supply contracts, while section 107 covers contracts for construction, alteration, and repair. 1926.15(b) and 1926.14(b) explain that the construction tasks in a mixed contract are subject to the construction provisions even though other portions may fall under Walsh‑Healey or other statutes. Employers should treat each portion according to its nature (manufacturing vs construction) and comply with the corresponding requirements.

Yes. Any employer (including subcontractors) performing the construction, alteration, or repair portion of a federal, federally financed, or federally assisted mixed contract must comply with the construction standards in 29 CFR Part 1926, as described in 1926.14(a). Subcontractors should ensure their work activities meet the relevant construction safety requirements.

No. The construction protections apply to the construction portion regardless of its size or duration if the contract calls for construction, alteration, or repair. 1926.14(a) makes clear that the section applies even when a contract is not exclusively for construction services, so small or short-term construction tasks within a mixed contract still trigger the construction requirements in 29 CFR Part 1926.

All employers performing construction work on the contract are responsible for complying with Part 1926 for the construction activities, and the general contractor should coordinate safety to ensure those obligations are met. 1926.14(a) places applicability on the construction portion; in practice, the prime contractor commonly coordinates safety and assigns responsibilities so that subcontractors performing construction tasks follow 29 CFR Part 1926.

If the remediation activities involve asbestos-containing building materials (ACBM), OSHA’s construction asbestos standard, 29 CFR 1926.1101, applies rather than the general industry asbestos standard. OSHA’s interpretation clarifies that remediation activities involving ACBM are covered by the construction standard; see the letter of interpretation at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 which explains that such remediation work would be covered under 29 CFR 1926.1101 and references application to property remediation work commonly performed in residential settings.

Yes. Repair is explicitly listed as one of the activities (construction, alteration, and/or repair) that trigger the construction protections; therefore on a federally financed project the repair portion falls under the construction provisions described in 1926.14(a) and the applicable requirements in 29 CFR Part 1926. Employers must apply the construction standards for those repair tasks.

It affects both safety and health protections for construction work; Congress intended the statute to provide safety and health protection for Federal, federally financed, or federally assisted construction. 1926.14(a) speaks to safety and health protection, and employers must follow the applicable 29 CFR Part 1926 provisions covering both safety and health hazards on the construction portion of a mixed contract.

Yes. Construction work that is federally assisted falls within the scope of the construction protections described in 1926.14(a), so the construction portions must comply with the applicable requirements in 29 CFR Part 1926. Employers and contracting entities should treat federally assisted construction the same as directly federal construction for OSHA purposes.

Employers should treat any portion of the contract that involves construction, alteration, or repair as subject to the construction protections and comply with 29 CFR Part 1926, per 1926.14(a). For non-construction portions, consult the relevant statutes (for example Walsh‑Healey for manufacturing/supply) as discussed in 1926.14(b) and 1926.15(b). When in doubt, document the nature of the work and apply the construction rules to tasks that meet the definition of construction, alteration, or repair.

No. If the activity is construction, alteration, or repair covered by a federal, federally financed, or federally assisted contract, the construction protections apply and the construction standards in 29 CFR Part 1926 govern that work, as stated in 1926.14(a). Employers should not substitute general industry standards for construction activities simply because the overall contract includes non-construction work.

The standard indicates construction tasks are covered by the construction provisions; employers should identify tasks that constitute construction, alteration, or repair and apply 29 CFR Part 1926 to those tasks, as described in 1926.14(a). For specific hazard-based guidance (for example asbestos in remediation), OSHA letters of interpretation provide useful detail—see the asbestos remediation LOI at https://www.osha.gov/laws-regs/standardinterpretations/2024-11-14 which clarifies when remediation is treated as construction under the asbestos standard.

Yes. Section 107’s protections extend where the work is federal, federally financed, or federally assisted construction; if the subcontract’s work falls into one of those categories (for example, a subcontract on a federally assisted project), the construction portion is subject to the construction protections described in 1926.14(a) and the applicable 29 CFR Part 1926 standards.

Yes. The protections extend to federally financed or federally assisted construction, so a private company performing building rehabilitation funded by federal grants must apply the construction protections to those construction activities as set out in 1926.14(a) and the relevant requirements in 29 CFR Part 1926.

Yes. Apply the safety and health rules that match the nature of each task: construction regulations in 29 CFR Part 1926 apply to the site grading and other construction activities as described in 1926.14(a), while the manufacturing/installation work may be governed by other statutes or standards (for example, Walsh‑Healey considerations referenced in 1926.14(b) and 1926.15(b)). Employers must comply with the appropriate standards for each portion of the job.